General terms and conditions
terms and conditions under sales contracts that https://finefoodroyal.de
Fine Food Royal
Inh. Jonas Rügemer
Bingener Straße 25
– hereinafter “provider” –
the users of this platform referred to in Section 2 of these GtC, hereinafter referred to as “Customer/Customer”.
§ 1 Scope
The following General Terms and Conditions in their version valid at the time of ordering shall apply exclusively to the business relationship between the supplier and the customer. Deviating terms and conditions of the customer will not be accepted, unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of the contract
(1) The customer can select products from the supplier’s assortment and collect them in a so-called shopping cart via the “to the shopping cart” button. Using the “Buy now” button, he submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic acknowledgement of receipt with the subject “Confirmation of your order at Fine Food Royal” by e-mail, in which the customer’s order is listed again and which the customer uses the “Print” function. print out. The order of the customer (1) represents the offer to conclude the contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC and order confirmation) will be sent by us on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (Section 2 (2) of these GTC), provided that the purchase price is paid in advance.
(2) If the product designated by the customer in the order is not available only temporarily, the supplier shall also inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to terminate the contract. In doing so, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions exist: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.
(4) The customer can make the payment by Direct Bank Transfer, PayPal, PayPal Express, Pay by Invoice.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by omission of the date.
§ 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, insofar as the customer does not make use of a possible right of withdrawal.
(3) In the event of revocation, the customer must bear the direct costs of the return.
§ 6 Warranty of material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Section 434 et seq. Bgb. In relation to entrepreneurs, the warranty period on goods delivered by the supplier is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer arising from the injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or gross negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier shall only be liable for the foreseeable damage typical of the contract if it was caused by simple negligence, unless the customer’s claims for damages arising from a breach of the life, body or health.
(3) The limitations of the paragraph 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on Data Processing
(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, it observes in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for the purposes of advertising, market or opinion research.
§ 9 Final Provisions
(1) Contracts between the supplier and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the Provider.
(3) The contract remains binding even in the event of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if any, the statutory provisions apply. However, insofar as this would constitute an unreasonable hardship for a Contracting Party, the contract as a whole becomes ineffective.